I feel a neighbour dispute coming on and I have to prevent it...

[bumblecrunch]

We own a flat which is on the market for sale. It's in a block - a very old building that has been converted. Our flat is sub-ground and the neighbour who has the flat above is complaining about noise.

The flat has been empty for a couple of months since the tenants left and it went up for sale. This weekend a friend of mine and her DD (4) were left in a dire situation so I said they should move in and live there until it sells, which will be a couple of months more likely three. I am not charging them rent and they are not signing any contract.

I am receiving very aggressive emails from the lady in the flat above, saying 'the child' woke her up at 7 when she doesn't have to get up till 8, 'the child' has been making noise, it is unacceptable and I have to pay for insulation etc.

I think the problem is that her flat and my flat used to be one, and the conversion was done badly and without insulation. I don't know this, but I know it happens a lot and seems the most likely cause.

I don't want to have to tick the 'neighbour dispute' box when i sell. I have answered one mail politely saying I will ask the neighbour to be aware there is poor sound insulation but I mean, I can't tell her to silence her child. She is a kind and decent person and not at all noisy. The neighbour has also said in view of the misery I have inflicted on her, she will be have no qualms about having her friends round for late night noisy drinks.

Does anyone have any guidance?

I would just tell her that it is not reasonable to expect silence when living in close proximity to other people (I.e, in a flat) and that if that is what she requires she should move as she will never achieve it. This is why the council is not interested in normal 'living' noise; some people who live in flats have unrealistic expectations of noise levels.

And seriously - tell her to put some carpet down if she doesn't have any. She'd probably be breaching the lease without anyway.

I would be cautious about giving in to her. These people will take a mile if they think they can push you. Seriously! I am not a lawyer or an expert but I am willing to bet that what she is doing is actually harrassment of some kind.

DEFINITELY check your lease first, as LBOCS says, it may have a clause covering this. And speak to a solicitor to get advice on how to handle it before you take any action, because you don't want to have to declare this on a form.

Couldn't you say on the form that the upstairs neighbour complained about some tenants of yours who have now moved out. So you implicitly make it a problem with the tenants you had and you can suggest they were a bit out of control. No harm to your friend who I'm sure is very reasonable but she won't know anything about it. Lady upstairs sounds awful (and good to hear she's handing out detached family homes to everyone with children....where do I sign?)

I would do what Quangle says. You're not going to end up paying any legal fees as she doesn't have a case against you (it's normal living noise). And either way, you'll still have to declare it on the SPIF. You run the risk of making it look an even bigger deal if you shell out for insulation etc.

I would suggest to the crackpot neighbour that she gets insulation and also say that you don't want to hear any more about it or you will consider it harrassment. Give an inch... etc.

Quangle that is a very smart point!

I have written about four pithy emails but not sent any of them. Instead I was going to say I have spoken to friend and explained the situation (which is true) and to give the situation a few days to settle down.

But maybe I shouldn't even do that.

i would say i considered further contact about normal day to day noise as harassment and would be recording each instance to pass on to the police
hardcore
i like the suggestion about declaring incident with previous tenant although surely the declaration is only about formal ie council/police complaints?

also, if you know anyone with about 5 kids, get them to view, talking loudly about fostering problem teens etc
throw that problem back at her. she should be begging you to sell to someone quiet, not bossing you around

Ooh sanfairy I wish I had the guts to write that. I just might!